Biography
Virginia Mimmack focuses her practice on providing comprehensive legal services to a broad spectrum of healthcare providers. She has particular experience representing physicians, physician-owned entities, hospitals, and healthcare start-up companies.
As Head of the Healthcare practice, Virginia takes a problem-solving approach to helping her healthcare clients with regulatory compliance and business strategy. Virginia’s experience enables her to craft strategies that help her clients achieve their business goals while remaining in full compliance with all applicable regulations. Virginia has particular interest in the emerging telemedicine industry, and regularly counsels clients on the ever-changing delivery platforms of healthcare. Through the long-term relationships Virginia has built with her clients, she provides strategic advice to help them anticipate change and prepare for the future.
Education
B.S., cum laude, Vanderbilt University
J.D., University of Texas School of Law
Bar Admissions
Texas, 2003
- Regulatory advice including Stark, Anti-kickback Statute, and Medicare compliance
- Transactions related to the purchase and sale of hospital facilities, physician practice groups, and the creation of joint ventures
- Hospital operations and compliance
- Physician practice issues
- Physician employment issues
- Corporate Practice of Medicine
- Managed care contracting
- Corporate fiduciary duties
- Telemedicine
- Laboratory and Pharmacy Compliance
- Independent Physician Associations
- Healthcare startups (corporate formation, private offerings, and compliance)
- Creating clinically integrated networks
Corporate Transactions
- Represented a hospital in the acquisition of a Texas joint stock insurance company
- Represented an orthopedic surgeons group in connection with a sale of its practice, including its pharmacy, to a hospital. Also assisted those orthopedic surgeon in entering into employment agreements with the hospital
- Represented a hospital in several transactions, including the purchase of physician practice assets and physical therapy centers
- Represented cryotherapy company in a complex transaction that included the merger of several physician-owned entities with a larger cryotherapy provider
- Represented an entrepreneur in obtaining Series A funding for an urgent care center; assisted with the initial capital raise and offering as well as regulatory and corporate issues
- Represented physician-owned compounding pharmacy in initial offering
- Assisted with formation of independent physician associations and associated private offerings and provided representation in relation to a broad range of legal matters
Physician Representation
- Advised physicians in restructuring their corporate structure in connection with: (i) adding partners, (ii) removing partners, (iii) drafting employment agreements; and (iv) drafting medical director agreements
- Assisted physicians in starting a new practice including the formation of a PLLC or PA, and review of leases, vendor contracts, and hospital recruitment agreements
- Reviewed potential investment opportunities for physicians in ASCs and other healthcare businesses
- Helped physicians start concierge and private practices
- Drafted various physician agreements, including employment agreements, medical director agreements, and consulting agreements
- Represented various physician-owned entities, hospitals, and labs
Regulatory
- Advised telemedicine companies and providers on various regulatory issues
- Advised all types of healthcare providers on Stark and Anti-kickback matters
- Assisted facilities in obtaining provider-based status
- Assisted hospitals, home healthcare companies, LTACHS, and ASCs with obtaining initial licensure and with changes in ownership
- Represented clients in responding to Medicare audits
- Counseled and provided training to physician and nurse peer review committees
- Assisted with structuring of physician-owned compounding pharmacy to ensure conformity with appropriate safe harbors to federal and state Anti-kickback statutes
Other
- Obtained jury trial victory for Midland hospital in a sexual harassment and retaliation case brought by a former employee
- Advised dentist practices on various corporate and regulatory issues
- Assisted fertility clinics on various corporate and regulatory issues
- Assisted hospitals and physicians with managed care issues including out-of network and prompt payment matters
- Assisted in drafting legislation recently passed by the Texas Legislature allowing electronic signatures on advance directives
- Represented a company that contracts with hospitals and physicians to provide online scheduling services
- Assisted independent practice associations in contracting with Medicare Advantage Plans
- Assisted in forming new medical spas; provided corporate and regulatory guidance to existing medical spas
- Represented veterinary practices in connection with various corporate and employment matters
- Chambers USA: America’s Leading Lawyers for Business
- Ranked for Healthcare – Texas, 2020
- Up and Coming in Healthcare – Texas, 2018-2019
- “Texas Rising Star,” Super Lawyers by Thomson Reuters, 2008-2009, 2017
- “Best Lawyers in Dallas,” D Magazine, 2012, 2018-2019, 2021
- Top Lawyers, H Texas magazine, 2010
- Houston Professionals on the Fast Track, H Texas magazine, 2007
Publications
- “HHS Takes Major Step to Expand COVID-19-Related Cross-Border Telehealth Access and Immunity,” Jackson Walker Insights (December 2020)
- “Telemedicine Fraud During COVID-19,” Jackson Walker Insights (July 2020)
- “HHS Issues Medicaid/CHIP Provider Relief Fund Payment Forms and Guidance,” Jackson Walker Insights (June 2020)
- “Telehealth: A Powerful Tool in Fighting COVID-19 Emergency-Driven Waivers and Payment Parity Requirements,” Jackson Walker Insights (March 2020)
- “Insurers May Not Terminate Physicians for Recommending Out-of-Network Providers” (October 2015)
- Co-Author, “Healthcare Law e-Brief — Accountable Care Organizations: Summary of CMS Proposed Rule” (April 2011)
- Co-Author, “CMS Issues New Stark Regulations” (August 2008)
Speaking Engagements
- “Trends in Health Care M&A: Before & After COVID-19,” American Health Law Association’s Health Care Transactions Program (April 2021)
- “What Does a Big Telehealth Consolidation Teach Us about Telehealth Transactions and Law?” UT Law CLE’s 32nd Annual Health Law Conference (April 2021)
- “What Health Care Providers and Facilities Should Know About the PREP Act’s ‘Covered Countermeasures’,” Jackson Walker Fast Takes podcast (February 2021)
- “Coverage for Telemedicine,” Jackson Walker Labor & Employment Law Symposium (October 2020)
- “Preparing Employers and Employees for 2021 Benefit Plans Decisions,” Jackson Walker & Lockton Dunning Benefits webinar (September 2020)
- Guest, Fast Facts at The Slate podcast (July 2020)
- “The 4 Rules Texas Medical Professionals Must Follow When Treating Patients,” Jackson Walker Fast Takes podcast (May 2020)
- “Update on Telemedicine and Telehealth Policies During COVID-19,” Jackson Walker Fast Takes Podcast (April 20, 2020)
- “Telemedicine & COVID-19 – What You Need to Know,” Jackson Walker webinar (March 2020)
- “Coronavirus, Your Business, and What You Need to Know,” Jackson Walker webinar (March 2020)
- Panel Moderator, Healthcare Cybersecurity Roundtable hosted by Jackson Walker and KPMG (January 2016)
In the News
- “SCOTX a la Mode: Rejects Emergency Challenge to Local COVID-19 Restrictions – Coronavirus Client Service: FAQ Edition,” The Texas Lawbook (May 5, 2020)
- “Rural Providers Get a Boost From Federal Broadband Stimulus,” D Magazine (April 22, 2020)
- American Health Lawyer Association
- Dallas Bar Association – Health Law Section
- Museum Council of the Perot Museum of Nature and Science
- Dallas Volunteer Lawyers Program
- Leadership Arts Institute of the North Texas Business for Culture and the Arts 2009-2010 class
- KPMG Executive Leadership Institute for Women 2014-2015 class
- University of Texas CLE Health Law Planning Committee